Question from a reader, “Help, Kim! My separated spouse (soon to be ex-spouse) must have filed a joint return before I could file my tax return. I received an electronic message back saying that my social security number as already filed. Arrrghhh, I want to kill him.”
My answer is first and foremost, don’t kill him, don’t kill yourself, don’t kill anybody. It isn’t worth it and it is something that can be rectified. It will take some time but it can get worked out. I get a lot of these emails, messages, and clients who find out that their soon-to-be ex-spouse has done a first strike joint tax return filing to collect the refund. It happens to people of both genders and not exclusive to men or women.
First off, if they filed without your permission, that is illegal not to mention just plain wrong. The person who thought they were being crafty just ended up being crappy because you can go ahead and mail in your completed return with a letter stating that you did not authorize your social security number to be filed earlier and the IRS and repsective state tax authorities will look at your return and the bogus one. It may take them months to make a ruling but they should rule in your favor and you will get your refund/return filed. Your ex-spouse will get a letter telling him or her that they are disallowing the other social security number.
Now, if you two are still married but legally separated, you have the documentation and will be divorced soon you might be able to file single. Otherwise, you will have to file married filing separately or if you qualify you can file as Head of Household.
I hope that helps answer your question. It is sadly a common one and this happens with children and their social security numbers more often. Please don’t count on any refund money coming soon at this stage of the game if you are mailing in the return. You may not get anything till late summer and possibly Fall. Good luck and it will work itself out, it just needs time.
March 25 2009 mid day
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Kim Isaac Greenblatt
Spouse or Ex-Spouse Steals Social Security Number